The South Humber Bank Energy Centre Order 2021

PART 2 E+W+S PRINCIPAL POWERS

Development consent etc. granted by the Order E+W+S

4.—(1) Subject to the provisions of this Order the undertaker is granted development consent for the authorised development to be carried out within the Order limits.

(2) Each numbered work must be situated within the corresponding numbered area shown on the works plans and within the limits of deviation.

(3) In paragraph (2), “limits of deviation” means the limits of deviation shown for each work number on the works plans.

Commencement Information

I1 Art. 4 in force at 2.12.2021, see art. 1

Effect of the Order on the SHBEC planning permission E+W+S

5.—(1) The undertaker must not commence any part of the authorised development pursuant to this Order until notice has been served on the relevant planning authority.

(2) If the undertaker serves a notice under this article—

(a) there must be no further development under the SHBEC planning permission; and

(b) from the date of the undertaker’s notice—

(i) the conditions of the SHBEC planning permission will cease to have effect within the Order limits;

(ii) the requirements apply to development that has taken place or is to take place within the Order limits and which is comprised in the authorised development; and

(iii) any application for discharge of a condition listed in column (1) of Schedule 3 (deemed approval of matters referred to in requirements) which was outstanding at the date of the undertaker’s notice will be treated as an application for discharge of the corresponding requirement listed in column (2) of Schedule 3.

(3) Despite paragraph (1), the undertaker may exercise any other powers under this Order in respect of any part of the authorised development prior to, or following service of, notice under paragraph (2).

(4) Without prejudice to the generality of paragraph (3), the undertaker may seek an approval under or take any other action in relation to any requirement prior to or following the service of notice under paragraph (1).

(5) Subject to paragraph (6), where details, plans or any other matters have been approved or agreed by the relevant planning authority under a condition of the SHBEC planning permission in column (1) of Schedule 3 prior to the date on which the undertaker serves notice under paragraph (1) they are deemed to have been approved for the purpose of the corresponding requirement in column (2) of Schedule 3 from the date of the undertaker’s notice.

(6) Paragraph (5) does not apply to a varied condition unless the relevant planning authority issues a notice pursuant to paragraph (7).

(7) The relevant planning authority may issue a notice to the undertaker confirming—

(a) that the discharge of details, plans or other matters in paragraph (5) applies to a varied condition; and

(b) the number of the relevant condition and requirement to which the deemed discharge applies in cases where the numbering of the conditions of the SHBEC planning permission has changed compared to those as originally issued on 12 April 2019.

(8) Where paragraph (7)(b) applies, the numbering of the corresponding condition and requirement in Schedule 3 [F1 does] not apply.

(9) The relevant planning authority may only issue a notice pursuant to paragraph (7) where it has been demonstrated to the satisfaction of that authority that the application of paragraph (5) will not give rise to any materially new or materially different environmental effects from those assessed in the environmental statement.

(10) The undertaker must issue a requirements discharge schedule with a notice served under paragraph (2).

(11) The relevant planning authority must, within three weeks of receipt of the requirements discharge schedule, notify the undertaker that the details set out in the requirements discharge schedule—

(a) are agreed; or

(b) are not agreed.

(12) Where paragraph (11)(b) applies, the relevant planning authority must provide details of the parts which it considers are not correct.

(13) The relevant planning authority must include a copy of a notice served by the undertaker under paragraph (2) and a copy of the relevant planning authority’s notice under paragraph (11) in the planning register.

(14) In this article, “planning register” means the register which the relevant planning authority is required to maintain pursuant to section 69 of the 1990 Act (register of applications etc.)(1).

Textual Amendments

F1 Word in art. 5(8) substituted (5.4.2022) by The South Humber Bank Energy Centre (Correction) Order 2022 (S.I. 2022/421), art. 1(2), Sch.

Commencement Information

I2 Art. 5 in force at 2.12.2021, see art. 1

Maintenance of authorised development E+W+S

6.—(1) The undertaker is authorised to, and may at any time, maintain the authorised development subject to any provision in this Order, including the requirements, or to an agreement made under this Order.

(2) This article only authorises the carrying out of maintenance works within the Order limits.

Commencement Information

I3 Art. 6 in force at 2.12.2021, see art. 1

Operation of authorised development E+W+S

7.—(1) The undertaker is authorised to use and operate the generating station comprised in the authorised development.

(2) This article does not relieve the undertaker of any requirement to obtain any permit or licence or any obligation under any legislation that may be required to authorise the operation of a generating station.

Commencement Information

I4 Art. 7 in force at 2.12.2021, see art. 1

Benefit of the Order E+W+S

8.—(1) Subject to paragraph (2) and article 9 (consent to transfer benefit of Order), the provisions of this Order have effect solely for the benefit of the undertaker.

(2) Paragraph (1) does not apply to Work No. 2(e) in respect of which the Order is for the benefit of the undertaker and EP SHB Limited.

Commencement Information

I5 Art. 8 in force at 2.12.2021, see art. 1

Consent to transfer benefit of the Order E+W+S

9.—(1) Subject to paragraph (4) the undertaker may—

(a) transfer to another person (“the transferee”) any or all of the benefit of the provisions of this Order (including any of the numbered works) and such related statutory rights as may be agreed in writing between the undertaker and the transferee; or

(b) grant to another person (“the lessee”) for a period agreed between the undertaker and the lessee any or all of the benefit of the provisions of this Order (including any of the numbered works) and such related statutory rights as may be agreed in writing between the undertaker and the lessee.

(2) Where an agreement has been made in accordance with paragraph (1) references in this Order to the undertaker, except in paragraph (3), include references to the transferee or the lessee.

(3) The exercise by a person of any benefits or rights conferred in accordance with any transfer or grant under paragraph (1) is subject to the same restrictions, liabilities and obligations as would apply under this Order if those benefits or rights were exercised by the undertaker.

(4) The consent of the Secretary of State is required for the exercise of the powers in paragraph (1) except where the transferee or lessee is—

(a) the holder of a licence under section 6 of the Electricity Act 1989 (licences authorising supply, etc.)(2);

(b) in relation to a transfer or lease of utility or other infrastructure connection works, the relevant statutory undertaker or licence holder; or

(c) in relation to a transfer or lease of any works within a highway, a highway authority responsible for the relevant highway.

(5) Where the consent of the Secretary of State is not required under paragraph (4) the undertaker must notify the Secretary of State in writing before transferring or granting a benefit referred to in paragraph (1).

(6) The notification referred to in paragraph (5) must state—

(a) the name and contact details of the person to whom the benefit of the powers are to be transferred or granted;

(b) subject to paragraph (7), the date on which the transfer is proposed to take effect;

(c) the powers to be transferred or granted;

(d) the restrictions, liabilities and obligations that are to apply to the person exercising the powers transferred or granted under paragraph (3); and

(e) where relevant, a plan showing the works or areas to which the transfer or grant relates.

(7) The date specified under paragraph (6)(b) must not be earlier than the expiry of five working days from the date of the receipt of the notice.

(8) The notice given under paragraph (6) must be signed by the undertaker and the person to whom the benefit of the powers are to be transferred or granted as specified in that notice.

(9) In this article “relevant statutory undertaker” or “licence holder” means a body—

(a) who falls within section 127(8) of the 2008 Act (statutory undertakers’ land), is a holder of a licence granted under a statute or other regulatory framework; and

(b) whose duties under the licence include owning, operating or maintaining utilities and or infrastructure and their connections.

Commencement Information

I6 Art. 9 in force at 2.12.2021, see art. 1

(1)

1990 c. 8.

(2)

1989 c. 29. Section 6 was amended by section 30 of the Utilities Act 2000 (c. 27) and sections 89(3), 136(1), 145(1) and (5) and section 197(9) of, and Part 1 of Schedule 23 to, the Energy Act 2004 (c. 20) and articles 2, 6(1) and (2) of S.I. 2012/2400. There are other amendments to this section that are not relevant to this Order.